Is it legal to use pepper spray in Mexico?

07/02/2019

The increase in cases of violence against women has encouraged the use of pepper gases as a tool for self-defense

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In recent weeks, social networks have been flooded with complaints from women, who have detailed the kidnapping attempts of those who have been victims inside and outside various stations of the Metro Collective Transportation System (STC).

These publications have set off alarms among the authorities and especially among women, who through social networks have begun to share "recipes" on how to make homemade pepper gas, in order to have a means of protection against a possible threat of which they could be a victim.

Is it legal to use pepper spray in Mexico?

Although the use of pepper gas has gained popularity as a weapon of personal defense, this device is prohibited within the Penal Code of the City and the State of Mexico.

According to the provisions of the Penal Code of Mexico City, it is stated:

Article 225

"It is equivalent to moral violence, the use of toys or other objects that have the appearance, shape or configuration of firearms, or guns of ammunition or those thrown through compressed air or gas."

Article 251

"Whoever carries, manufactures, imports or collects, without a lawful purpose, instruments that can be used to attack and that has no application in work or recreational activities, taking into account the references of time, manner and place, shall be sentenced to three months' imprisonment three years or ninety to three hundred and sixty days fine."